By Sri.P.K.Sasi, President
The case of the complainant is that on 13/09/16 he has purchased an Aqua Guard Reviva RO + UV. By believing the words of the opposite party that, the product is excellent in quality, the complainant happened to purchase. Whereas it was not working properly as assured by them. Several complaints submitted by the complainant but no relief received. On some occasion the people of opposite party came and made attempts to repair the product but could not rectify the defects. On several occasions the opposite party people did not respond to the complaint submitted by the complainant. According to the complainant the opposite party sold a low quality defective product to the complainant. They also committed utter deficiency in service in the after sale services. Hence a lawyer notice was issued in May 2017 but no relief received. The product was purchased by the complainant by paying Rs. 14,990/- and Rs.500/- for stand of the product in total Rs.15,490/-. Since the product was not working properly it has become useless and created unnecessary mental agony and financial loss to the complainant. Hence this complaint is filed.
2) On receiving complaint notice was properly sent to the opposite party whereas after accepting the notice the opposite party neither appeared before the Forum nor submitted any version. Hence the opposite party set ex-parte and posted for complainants evidence.
3) From the side of complainant he has appeared before the Forum and submitted proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He also produced 3 documents which are marked as Ext. P1 to P3. Ext. P1 is the customer invoice; Ext. P2 is the copy of lawyer notice and Ext. P3 is the postal receipt. Since there is no contra evidence available before us. The complainant also produced the defective product with stand and marked as MO1.
4) We heard the learned counsel for the complainant in detail and taken for orders. According to the complainant however he has purchased the product in July 2010 he could not used the product not even for a month with any defects. Ext. P1 would go to show that the complainant has paid Rs.15,490/- including the cost of the stand. Since the product in dispute is also produced before us, we are of the opinion that the opposite party has committed deficiency in service as well as unfair trade practice towards the complainant by selling a defective product to the complainant.
In the result, we allow this complaint and the opposite party is directed to return Rs.15,490/- (Rupees Fifteen thousand four hundred and ninety only) with 9% interest from the date of complaint to the complainant within one month from receiving copy of this order. Failing which, the complainant is entitled to get 9% interest for all those amounts till realization.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 28th day of February 2018.
Sd/- Sd/- Sd/-
M.P.Chandrakumar Sheena.V.V. P.K.Sasi, Member Member President.
Appendix
Complainant’s Exhibits
Ext. P1 customer invoice
Ext. P2 copy of lawyer notice
Ext. P3 postal receipt
MO1 defective product with stand
Id/-
President
